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Loaning across state lines

MD_ManMD_Man Member Posts: 5 ✭✭
edited October 2009 in Gun Rights and Constitutional Law
1. My brother lives in NC and I live in MD. He intends to mail himself a couple rifles and use them here in MD (for a sporting purpose: target shooting, and shipping them "care of" myself). I'm pretty sure that's legal; am I right?

2. Also, while he's here, we're going to the range and he's going to loan them to me so I can shoot them, too. I'm pretty sure that's legal, too; am I right?

3. Here's the tricky part: can he leave them here on loan to me temporarily, for a sporting purpose (target shooting) if he returns to NC? He'll mail them back to himself at the end of all this. I think it's legal, since he's not shipping it across state lines to get it to me. Do you think that's legal?

This ATF article seems to indicate that each of these steps are valid as long as he doesn't actually transfer them to me. Specifically look at questions B1 and B9:
http://www.atf.gov/pub/fire-explo_pub/2005/p53004/q_and_a.pdf

Thanks for the help! I hope someone has experience with this. Hoping to avoid double FFL fees on the rifles.
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Comments

  • hunter86004hunter86004 Member Posts: 1,222 ✭✭✭✭✭
    edited November -1
    Question 1)
    Yes
    Questions 2&3)
    Unles your state requires firearms registration, who would know if they were his or yours?
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  • AQUAINFLAQUAINFL Member Posts: 48 ✭✭
    edited November -1
    One can NOT mail [U.S.P.S.]any firearm .One can mail with U.P.S.a firearm only to a FFL.Otherwise it is a felony.Be careful[}:)]
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  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    quote:Originally posted by AQUAINFL
    One can NOT mail [U.S.P.S.]any firearm .One can mail with U.P.S.a firearm only to a FFL.Otherwise it is a felony.Be careful[}:)]

    WRONG
    Anyone can mail a long gun through USPS.
    Only handguns are limited to being mailed by an FFL through the Post office.
    In "SOME" states, you can mail firearms (with limitations) to individuals in the same state, or yourself in another state. No FFL required.
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  • AQUAINFLAQUAINFL Member Posts: 48 ✭✭
    edited November -1
    Your right long guns can be mailed.Hand guns and live ammunaqtion cannot.
    I stand corrected.
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  • chaoslodgechaoslodge Member Posts: 790 ✭✭✭✭
    edited November -1
    It being Maryland, I would consult more than just an internet forum. Md runs close to Kalifornia when it comes to respecting civil rights.
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  • tr foxtr fox Member Posts: 13,856
    edited November -1
    Watch out for the BATFE rule that contains the prohibition against "otherwise conveying" a firearm to another person across state lines. I am afraid that if somehow the BATEF found out (unlikely, but why risk it?) that they would find some way to use that rule/law against you and me and everyone else.
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  • hunter86004hunter86004 Member Posts: 1,222 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by tr fox
    Watch out for the BATFE rule that contains the prohibition against "otherwise conveying" a firearm to another person across state lines. I am afraid that if somehow the BATEF found out (unlikely, but why risk it?) that they would find some way to use that rule/law against you and me and everyone else.

    In this case the firearms will be mailed/shipped to himself, not another person.
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  • tr foxtr fox Member Posts: 13,856
    edited November -1
    quote:Originally posted by hunter86004
    quote:Originally posted by tr fox
    Watch out for the BATFE rule that contains the prohibition against "otherwise conveying" a firearm to another person across state lines. I am afraid that if somehow the BATEF found out (unlikely, but why risk it?) that they would find some way to use that rule/law against you and me and everyone else.

    In this case the firearms will be mailed/shipped to himself, not another person.


    Please re-read his #3 in his original post. What he is telling you that his brother is planning on "loaning" the firearms to MD-Man. That may be ok strictly with long guns to people in states who border your state, but I do not believe that is the case here. Regarding handguns, it is illegal, according to BATFE, to convey (in any manner) a handgun across state lines.

    I of course do not make the law/rules and I do not want what I have posted above to be true or the law of the land. OTOH, I don't want yet another well-meaning peaceful gun owner to get into trouble. So I always have to come down on the side of being very, very careful.

    I was even afraid of "loaning" my elderly mother, who live alone in a suburban area, a S&W model 66 for protection when the Sheriff could not get there in time. I had to find another way to get a firearm into her hands.

    If I was incorrect on this, then anybody is welcomed to tell me.
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